South Africa is a favourite destination for many people wanting to spend time working outside of their home countries. Working in South Africa allows people to experience the diverse cultures of the country, and enjoy the fantastic outdoor lifestyle and wonderful climate. Of course it’s also the gateway to the rest of Africa with potentially huge opportunity for economic growth and expansion.

However the opportunity for a foreigner to work in South Africa is governed by the provisions of the Immigration Act and is limited to specific provisions which need to be complied with. In this article we would like to outline in broad terms the provisions that regulate the opportunity to work in South Africa, and the key issues that need to be addressed.

Firstly do you perhaps have a skill or qualification that is in high demand and scarce in South Africa? If you do then you may well qualify for a Critical Skills Visa. There are over 200 occupations that are listed by the Department of Home Affairs as qualifying for a Critical Skill Visa. One of the advantages of the Critical Skills Visa is that you don’t have to have a job offer to apply for it. The most important requirement is to demonstrate that you have the experience and qualifications for the relevant occupation.

Secondly do you maybe work for a company that has a subsidiary or affiliate in South Africa, and they are looking to transfer staff to South Africa? Many companies may be looking to establish a branch in South Africa, or be looking to facilitate the transfer of knowledge to their South African operations. In that case an Intra Company Transfer Visa would be required.

Corporate companies based in South Africa may also be looking to recruit foreigners typically where there is a shortage of specific skills that they require and they are looking to manage their human resource requirements over a set period of time. In such a case they would apply for a Corporate Visa, and off the back of that would be able to recruit foreigners with the specified skills by means of a Corporate Workers Visa.

Maybe you are interested in establishing a business or investing in an existing business in South Africa? In such an event you could apply for a Business Visa which would allow you to be involved in the management and operations of the company.

Finally you may have received an offer of employment from a company in South Africa where that company has attempted to recruit a South African citizen, but has not been successful in finding someone with the right skills and experience. On the back of that offer of employment and proof that the South African company has not been able to find a South African citizen to fill that position you may apply for a General Work Visa.

Of course the visa regulations applying to all of the above instances are detailed and complex. There are numerous requirements that must be adhered to, and many documents that must be completed and submitted. We would be very happy to consult with you to determine whether you qualify for any of the visas or help in any other related matters.